34-20G-35. Grounds for denial of application or nonrenewal of designated caregiver.
The department may deny an application or renewal for a designated caregiver chosen by a qualifying patient whose registry identification card was granted only if:
(l)The designated caregiver does not meet the requirements of a designated caregiver as defined in ยง34-20G-l;
(2)The applicant does not provide the information required;
(3)The designated caregiver previously had a registry identification card revoked; or
(4)The applicant or the designated caregiver provide false information.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
Structure South Dakota Codified Laws
Title 34 - Public Health and Safety
Chapter 20G - Medical Cannabis
Section 34-20G-1 - Definitions.
Section 34-20G-6 - Licensed professionals not subject to discipline for certain conduct.
Section 34-20G-12 - Sale or donation of cannabis seeds to cultivation facility.
Section 34-20G-13 - Seizure or forfeiture of cannabis or related property.
Section 34-20G-15 - Activity conducted in accordance with chapter lawful.
Section 34-20G-16 - Enforcement of federal law by state law enforcement officers.
Section 34-20G-17 - Contracts enforceable.
Section 34-20G-18 - Unauthorized conduct.
Section 34-20G-19 - Schools and landlords--Prohibited conduct.
Section 34-20G-20 - Qualifying patient not disqualified from medical care for cannabis use.
Section 34-20G-21 - Custody and visitation rights--Child neglect or endangerment.
Section 34-20G-22 - Employment and drug testing.
Section 34-20G-23 - Conflict with employer's obligations or benefits under federal law.
Section 34-20G-24 - Ingestion of cannabis at workplace--Working under the influence of cannabis.
Section 34-20G-25 - Schools, landlords, and employers not to be penalized.
Section 34-20G-25.1 - Healthcare and accredited prevention or treatment facilities.
Section 34-20G-29 - Information required for issuance of registry identification cards--Fee.
Section 34-20G-32 - Background check of designated caregiver.
Section 34-20G-33 - Issuance of registry identification card to patient under age 18--Conditions.
Section 34-20G-35 - Grounds for denial of application or nonrenewal of designated caregiver.
Section 34-20G-36 - Notice--Denial or revocation.
Section 34-20G-37 - Judicial review of application denial or nonrenewal.
Section 34-20G-39 - Temporary designated caregiver registry identification card.
Section 34-20G-42 - Contents of registry identification cards.
Section 34-20G-43 - Expiration of registry identification card.
Section 34-20G-44 - Confidential list--Personal information.
Section 34-20G-45 - Secure phone or web-based verification system.
Section 34-20G-46 - Required notifications to department.
Section 34-20G-47 - Notifications by designated caregiver.
Section 34-20G-50 - Theft or loss of cannabis--Notice to department.
Section 34-20G-51 - Medical purpose defense.
Section 34-20G-52 - Proof of unavailability of defense to prosecution.
Section 34-20G-53 - Registry identification card not required to raise defense.
Section 34-20G-56 - Local government limitation on number of medical cannabis establishments.
Section 34-20G-57 - Renewal of medical cannabis establishment registration.
Section 34-20G-58 - Local government ordinances governing medical cannabis establishments.
Section 34-20G-58.1 - Municipal zoning--Medical cannabis establishments.
Section 34-20G-59 - Local government prohibition of dispensaries not permitted.
Section 34-20G-60 - Local licensing of medical cannabis establishments--Fee.
Section 34-20G-62 - Employment restrictions on medical cannabis establishments.
Section 34-20G-63 - Medical cannabis establishment procedures for oversight and record keeping.
Section 34-20G-64 - Medical cannabis establishment security measures.
Section 34-20G-65 - Cultivation, harvesting, manufacturing, and packaging of cannabis.
Section 34-20G-65.1 - Test samples of cannabis or cannabis products--Collection--Packaging--Timing.
Section 34-20G-66 - Production of cannabis products.
Section 34-20G-67 - Sharing office space and patient referrals to practitioners prohibited.
Section 34-20G-68 - Consumption of cannabis on medical cannabis establishment property prohibited.
Section 34-20G-69 - Inspection of medical cannabis establishments.
Section 34-20G-70 - Conditions for dispensing cannabis.
Section 34-20G-71 - Limitations on amount of cannabis dispensed.
Section 34-20G-73 - Civil penalty for failure to provide required notice.
Section 34-20G-78 - Certain conduct of practitioner as misdemeanor.
Section 34-20G-79 - Breach of confidentiality of information as misdemeanor.
Section 34-20G-82 - Permitted and prohibited conduct during suspension.
Section 34-20G-84 - Revocation of registry identification card for multiple or serious violations.
Section 34-20G-85 - Judicial review of revocation.
Section 34-20G-86 - Confidential data.
Section 34-20G-87 - Restrictions on data maintained by department.
Section 34-20G-88 - Permitted disclosure of data maintained by the department.
Section 34-20G-89 - Restrictions on data maintained by medical cannabis establishments.
Section 34-20G-90 - Cardholder's request for department to confirm cardholder status to others.
Section 34-20G-91 - Destruction of unused media containing cardholder information.
Section 34-20G-92 - Oversight committee membership.
Section 34-20G-93 - Oversight committee duties.
Section 34-20G-94 - Annual report to the Legislature--Information excluded.
Section 34-20G-95 - Administration of medical cannabis to students.